Terms and Conditions
1. ACCEPTANCE OF TERMS THROUGH USE
As a User, you are granted permission to access and use this Site and its content either (i) as (or on behalf of) an eLynxx Solutions client (“Client” or “Client User”) for the sole purpose of preparing, evaluating, and ordering print products or services, or (ii) as (or on behalf of) a vendor (“Vendor” or “Vendor User”) authorized by eLynxx Solutions to market their products and services to Client Users on this Site (collectively, “Products”). No other download, retention, use, publication, or distribution of any portion of the Content is authorized or permitted. Neither the purchase nor sale of any Products through this website entitles a User to use any portion of the Content apart from the finished Products supplied by a selected Vendor User.
We reserve the right, for any reason, in our sole and absolute discretion, to change any aspect of the Site including but not limited to content, features or hours of availability. Further, the use of Site by an eLynxx Solutions client or a vendor or other authorized service provider, its employees or agents, or any other user thereof (collectively, “User”) does not establish any contractual, fiduciary, or other legal relationship between a User and eLynxx Solutions other than the requirements and obligations that the User voluntarily undertakes by accepting the terms, conditions, and legal notices contained or referenced herein (collectively, "Terms of Use").
Specifically, by accessing the Site, the User signifies its agreement to all of the Terms of Use, except insofar as these Terms of Use conflict with a separate agreement between eLynxx Solutions and one of its clients, in which event the terms of the separate agreement shall have priority. eLynxx Solutions also reserves the right, at its sole and absolute discretion, to update or revise these Terms of Use, and the continued accessing of the Site following the posting of any changes to the Terms of Use constitutes acceptance of those changes as card card-body, except and to the extent prohibited by applicable state or federal law.
As a User, you agree to review these terms and conditions periodically to be aware of modifications. Should any User object to any term or condition of these Terms of Use, or any subsequent modifications thereto, or become dissatisfied with eLynxx Solutions in any way, their only recourse is to discontinue use of the Site immediately. As a condition of your use of the Site, you must provide true and accurate account information at all times (including, without limitation, ensuring that your account information remains current at all times.) You agree to promptly update your account information (if applicable) in order to keep it current, complete and accurate.
2. USE OF SITE
Creating or maintaining any link from another website to any page on this Site without our prior written permission is prohibited. Running or displaying this Site or any material or content displayed on this Site in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this Site must comply will all applicable laws, rule and regulations. Further, you may not incorporate any portion of the Site’s software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Site’s software or otherwise assign any rights to the Site’s software in whole or in part.
You agree that while using the Site, you shall not upload, post, transmit, distribute or otherwise publish through the Site any materials which: (a) are unlawful, threatening, harassing or profane; (b) restrict or inhibit any other user from using or enjoying the Site; (c) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; or (d) contain a virus or other harmful component or false or misleading indications or origin or statements of fact.
You agree to use this Site in a responsible manner that is in full compliance with these Terms of Use and with your local laws and regulations, including export and import regulations. You are solely responsible for the content and context of any information or materials you post or submit through the Site. Without limitation, no portion of Content may be utilized as a trademark or service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person’s right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity. You further agree that you will not use the Site to produce Products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable.
eLynxx Solutions, in its sole and absolute discretion, may terminate its service without notice to Vendor Users found to be using this Site in violation of these Terms of Use or any other service terms. In this regard, Vendor Users are solely responsible for their use of the Content in combination with any other images, graphics, text or other materials you incorporate into their Products. Vendor Users agree that they will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in their Products unless they have obtained the appropriate authorizations from the owners. Vendor Users warrant that their Products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that they have all required rights or permissions necessary to incorporate third party material into their Products.
By placing or fulfilling an order on this Site, Users warrant that they have all necessary permission, right and authority to place or fulfill the order, and each Client User authorizes the selected Vendor User to produce the Products on their behalf. Client Users grant their selected Vendor User the right to copy, modify, create derivative works and vectorize any uploaded content (i.e., content the Client User has uploaded) for the purpose of fulfilling their order. Moreover, Client Users warrant that they have sufficient rights to permit the selected Vendor User to copy, modify, create derivative works and vectorize any uploaded content for the purpose of fulfilling your order.
You may not use this Site to send or use e-cards in any manner that would constitute the transmission of spam or unsolicited e-mails. You may not use scripting or other programs to automate the creation and/or transmission of e-cards. eLynxx Solutions reserves the right, in its sole discretion, at any time, and without prior notice, to limit the number of recipients to which you may send an e-card and/or limit the number of e-cards that you may send. You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.
3. PRIVACY POLICY STATEMENT
eLynxx Solutions considers your privacy a high priority. This privacy statement explains what information eLynxx Solutions gathers from you through this website and how we may use it. The only individualized information that eLynxx Solutions obtains about you through this website is information you voluntarily supply. We will only use that information to fulfill the purpose for which it was supplied.
eLynxx Solutions obtains non-individualized, generic information about your visit to this website through the use of “cookies”. Cookies are small pieces of data which are sent by a website to your web browser and are stored on your computer. Data derived from the cookies is aggregated and then used by eLynxx Solutions for statistical tracking purposes.
We use this information to understand general traffic patterns on this website and to gauge and improve the effectiveness of this website. The data is not used for individual identification and in no way does eLynxx Solutions relate your personal information to these traffic pattern statistics.
If you are concerned about the use of cookies, you may configure your web browser to either request your specific acceptance of a cookie or disable cookies entirely. You will still be able to fully navigate this website if you choose to refuse or disable cookies.
4. CUSTOMER SERVICE
At eLynxx Solutions, we strive to provide our Users with the best possible printing experience. If you are not 100% satisfied with your order for any reason, please contact our customer service department. Our representative will document your complaint and create a ticket for your reference. We do not, however, provide returns, refunds or reprints. ALL USERS ARE RESPECTFULLY REFERRED TO THE PURCHASE TERMS AND CONDITIONS AGREED UPON BY THE CLIENT USERS AND SELECTED VENDOR USERS AS TO ALL PAYMENT AND PRODUCTION MATTERS, INCLUDING BUT NOT LIMITED TO CANCELLATIONS, RETURNS, REPRINTS, AND REFUNDS, AS WELL AS ALL APPLICABLE PRINT, PAPER, SHIPPING, AND DELIVERY SPECIFICATIONS.
5. NON-DISCLOSURE AND RESTRICTED USE REQUIREMENT
Any User accessing the Site may receive (i) the confidential and proprietary information of eLynxx Solutions clients, including but not limited to job production specifications, contract terms and conditions, and electronic or hard-copy buyer furnished materials relating to a print contract solicitation; as card card-body as (ii) confidential and proprietary information of eLynxx Solutions relating to the structure, operation, and content of the Site software (collectively, “Confidential Information”). Accordingly, each the Site User agrees to hold the Confidential Information in trust and confidence and shall not, without the specific prior written consent of eLynxx Solutions, communicate such Confidential Information to any third party, but shall use its best efforts to prevent inadvertent disclosure of Confidential Information to any third party; and, further, shall not use such Confidential Information for any purpose other than, and only to the extent necessary, for bidding on solicitations communicated through the Site and performing any contracts or purchase orders awarded through the Site. You are solely responsible for protecting the confidentiality of your password and may not disclose your password to any other person. In the event that an unauthorized user gains access to the password-protected area of the Site as a result of your acts or omissions, you agree that you shall be liable for any such unauthorized use.
6. DISCLAIMER OF WARRANTIES
AS A MATTER OF CORPORATE POLICY, ELYNXX SOLUTIONS TAKES COMMERCIALLY REASONABLE STEPS TO PROTECT THE SECURITY OF ALL INFORMATION ENTERED INTO THE SITE FROM LOSS, MISUSE, ALTERATION, OR UNAUTHORIZED ACCESS OR DISCLOSURE. ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE "CONTENT"), HOWEVER, ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS. MOREOVER, ELYNXX SOLUTIONS DOES NOT WARRANT TO USERS THAT THE CONTENT IS ACCURATE, RELIABLE, OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USE OF THE SITE IS SOLELY AT THE USER’S RISK, AND NEITHER COURSE OF CONDUCT NOR TRADE USAGE SHALL ACT TO ALTER OR MODIFY THESE TERMS AND CONDITIONS. IN THE EVENT THAT SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY.
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL ELYNXX SOLUTIONS BE LIABLE TO ANY USER FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL IN NATURE, RESULTING FROM THE USE OF, OR INABILITY TO USE, OR PERFORMANCE OF THE SITE, OR THE USE OF ANY INFORMATION AVAILABLE AT OR ENTERED INTO THE SITE , WHETHER IN AN ACTION BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHER LEGAL THEORY, EVEN IF ELYNXX SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN THE EVENT THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, ELYNXX SOLUTIONS’' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
8. INDEMNITY AND HOLD-HARMLESS
All Users agree to defend, indemnify, and hold harmless eLynxx Solutions and its employees, agents, contractors, officers, directors, successors, and assigns (collectively, “Beneficiaries”) from all suits, liabilities, claims, demands, causes of action, losses, fines, penalties, costs, and expenses, including reasonable attorney's fees and costs of litigation, arising from or relating to, directly or indirectly, (i) the use or misuse of the Site, (ii) the violation of any provisions of these Terms of Use, (iii) the failure to comply with any applicable laws and regulations, (iv) any intentional wrongdoing by the User, (v) any contract awarded through the Site, including but not limited to any non-payment of invoices to an eLynxx Solutions client; (vi) any action or omission by a Beneficiary with respect to the development, implementation, management, or operation of the Site , or (vii) any action or omission by a Beneficiary with respect to any services being furnished by eLynxx Solutions in support of or otherwise relating to a contract awarded through the Site, including but not limited to the operation of a customer service or other call center. eLynxx Solutions reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification under this paragraph, in which event the User will cooperate with eLynxx Solutions in asserting any available defenses.
9. INTELLECTUAL PROPERTY NOTICES FOR PROPRIETARY COPYRIGHT, SERVICE MARK, AND PATENT RIGHTS
eLynxx Solutions has undertaken reasonable and customary steps to protect its trade secrets, discoveries, inventions, research and development, and other intellectual property with the assistance of experienced intellectual property counsel. Accordingly, all Users acknowledge and agree that all content and materials available on the Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights, laws, and international treaties. Except as expressly authorized by eLynxx Solutions, all Users agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publish, adapt, edit, or create derivative works from such materials or content, or otherwise exploit the Site or any materials or content of the Site for any commercial purposes not authorized by eLynxx Solutions or one of its clients. Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from eLynxx Solutions is strictly prohibited. All Users further agree not to decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Site. Finally, use of the content or materials of The Site for any purpose not expressly permitted in these Terms of Use is strictly prohibited. If any User attempts to use, copy, disclose, or transfer any portion of the Site, or any Confidential Information contained on or furnished through the Site, in a manner contrary to Terms of Use or in derogation of eLynxx Solutions' rights, whether those rights are explicitly stated, determined by law, or otherwise, eLynxx Solutions shall have the right, in addition to any other legal remedies available, to injunctive relief enjoining such actions without the posting of bond, it being acknowledged by the User that all other remedies are inadequate. Accordingly, eLynxx Solutions hereby places all third-party users on notice of the following copyright, service mark, and patent information:
9.1 Copyrighted Material
Unless otherwise indicated, this the Site software and its contents, including but not limited to all text, HTML code, CGI scripts, graphics, button images, and the site design and "look and feel," are the property of eLynxx Solutions and are protected pursuant to U.S. and foreign copyright and trademark or service mark laws, with all rights reserved.
The Site and the material it contains may not be modified, copied, downloaded, uploaded, distributed, republished, or commercially exploited in any manner without the prior written consent of eLynxx Solutions, except that you are permitted to download a copy of any of the materials posted on the Site on a single computer for personal noncommercial use, provided no copyright, trademark, service mark, or other proprietary notices are removed. Under no circumstances is any intellectual property or other rights in or to the Site or its contents transferred to you.
The posting of any content or material to the Site and the creation of a link from the Site to any other website are expressly prohibited without the prior written consent of eLynxx Solutions.
9.2 Current Service Mark Registrations
eLynxx Solutions owns and holds the following service mark registrations:
a. USPTO Certificate of Registration No. 3,578,233 (issued February 17, 2009 for the service mark “Government Print Management” on the Supplemental Register)
b. USPTO Certificate of Registration No. 44644372 (registered November 25, 2014 for the service mark “eLynxx Solutions” on the Principal Register)
c. USPTO Certificate of Registration No. 4648403 (registered December 2, 2014 for the following “eLynxx Solutions” logo on the Primary Register):
d. USPTO Certificate of Registration No. 4579953 (registered August 5, 2014 for the service mark “PrintLynxx” on the Principal Register)
e. USPTO Certificate of Registration No. 4603532 (registered September 9, 2014 for the service mark “Project Management Software for the Marketing Supply Chain” on the Supplemental Register)
f. USPTO Certificate of Registration No. 4762190 (registered June 23, 2015 for the service mark “Cloud Software for Strengthening Your Marketing Supply Chain” on the Supplemental Register)
g. USPTO Certificate of Registration No. 4769860 (registered July 7, 2015 for the service mark “Your People → Your Process → Your Vendors → Better Results” on the Principal Register)
9.3 Current Patent Grants
eLynxx Solutions owns and holds the following patent grants that relate to various aspects of its business:
a. United States Patent No. 7,451,106 (issued November 11, 2008) titled “System and Method for Competitive Pricing and Procurement of Customized Goods and Services”
b. United States Patent No. 7,788,143 (issued August 31, 2010) titled “System and Method for Competitive Pricing and Procurement of Customized Goods and Services”
c. United States Patent No. 8,209,227 (issued June 26, 2012) titled “System and Method for Competitive Pricing and Procurement of Customized Goods and Services”
d. United States Patent No. 8,682,743 (issued March 25, 2014) titled “System and Method for Competitive Pricing and Procurement of Customized Goods and Services”
10. MISCELLANEOUS
By accessing the Site, each User agrees that these Terms of Use are governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to any conflicts of law principles. Each User further agrees that any action, suit, or proceeding against eLynxx Solutions arising out of, based on, or in connection with these Terms of Use, the accessing or use of the Site , or any solicitation offered or contract awarded through the Site, shall be submitted only in a state court with jurisdiction over the principal place of business of eLynxx Solutions, and each User consents and submits to the personal jurisdiction and venue of such courts for the purposes of litigating any such action, suit, or proceeding. The failure of eLynxx Solutions to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use shall remain in full force and effect. Each User agrees that regardless of any statute or law to the contrary, any claim or cause of action encompassed by this paragraph must be filed within one (1) year after any such claim or cause of action arose or be forever barred. The Site is designed to provide information with respect to the subject matters addressed. Nothing contained in any area of the Site is to be construed as legal, investment, or other financial advice. If such advice is desired, the services of a professional should be sought.